FEDERAL ELECTION COMMISSION

Washington, D.C. 20463 

VIA EXPRESS MAIL AND EMAIL

Christina Obiajulu-Skinner, General Counsel 

Care in Action, Inc. 

45 Broadway, Suite 320 

New York, NY 10006 

christinaobiajulu@domesticworkers.org 

RE: MUR 7537 

Dear Ms. Obiajulu-Skinner: 

The Federal Election Commission (the “Commission”) is the regulatory agency that 

administers and enforces the Federal Election Campaign Act of 1971, as amended (the “Act”). 

Based on complaints filed by Friends of Erik Paulsen Committee and Raymond Bozarth, 

Executive Director of the Missouri Republican Party, the Commission, on October 4, 2021, 

found reason to believe that Unknown Respondents violated the Act by failing to include proper 

disclaimers on mailers and internet video ads concerning candidates Erik Paulsen and Ann 

Wagner. See 52 U.S.C. §§ 30104(b), (c), and (g), 30120(a).1 The Complaints and the Factual 

and Legal Analysis, which formed the basis for the Commission’s finding, are attached for your 

information.2 

The Commission authorized the Office of General Counsel to conduct an investigation 

concerning the source and cost of the mailers and internet video ads in question. During our 

investigation, we obtained information indicating that Care in Action, Inc. (“Care in Action”), 

was the source of the mailers and internet video ads concerning candidates Erik Paulsen and Ann 

Wagner, and that Care in Action may be the Unknown Respondent as to which the Commission 

made findings. We are now preparing to make a recommendation to the Commission in 

connection with that information. Prior to making our recommendation, we offer a respondent 

an opportunity to provide in writing a response to the Complaints and the Commission’s Factual 

and Legal Analysis. Should Care in Action choose to respond, you may also submit any 

materials — including documents or affidavits from persons with relevant knowledge — that 

you believe may be relevant or useful to the Commission’s consideration of this matter. 

1 A “reason to believe” finding is not a finding that any person violated the Act. Rather, it means that the 

Commission believes a violation may have occurred. See 52 U.S.C. § 30109(a)(2).

2 On October 4, 2021, the Commission decided to merge MUR 7532 into MUR 7537.

November 2, 2022

MUR753700067
Care in Action, Inc.

Page 2 of 2 

Your submission, if Care in Action chooses to make one, must be submitted within 15

days of receipt of this letter. You should address any response to the Office of General Counsel, 

and the response should reference MUR 7537. After 15 days, we will prepare recommendations 

to the Commission, taking into account any response you submit in making our 

recommendations. 

Please note that Care in Action has a legal obligation to preserve all documents, records 

and materials relating to this matter. See 18 U.S.C. § 1519. This matter will remain 

confidential in accordance with 52 U.S.C. § 30109(a)(4)(B) and 30109(a)(12)(A) unless you 

notify the Commission in writing that Care in Action wishes the matter to be made public. 

Please be advised that, although the Commission cannot disclose information regarding an 

investigation to the public, it may share information on a confidential basis with other law 

enforcement agencies.

3

 

For your information, enforcement procedures and options are discussed in the 

Commission’s “Guidebook for Complainants and Respondents on the FEC Enforcement 

Process,” which is available on the Commission’s website at 

http://www.fec.gov/em/respondent_guide.pdf. 

If you have any questions, please contact Donald E. Campbell, the attorney handling this 

matter, at (202) 694-1551 or dcampbell@fec.gov. 

Sincerely,

Charles Kitcher

Associate General Counsel for 

 Enforcement

Enclosures: 

Complaints 

Factual and Legal Analysis

3 The Commission has the statutory authority to refer knowing and willful violations of the Act to the 

Department of Justice for potential criminal prosecution, 52 U.S.C. § 30109(a)(5)(C), and to report information 

regarding violations of law not within its jurisdiction to appropriate law enforcement authorities. Id. § 30107(a)(9).

Charles Kitcher

MUR753700068
THEJACOBSON LAW GROUP

JACOBSON . MAGNUSON .ANDERSON

& HALLORAN P.C.

R. Reid LeBeau ll lShareholder

Attorney at Law

651-644-4710

lJ

October 25,2018

MUR# 1õ,æ

Office of General Counsel

Federal Election Commission

1050 First Street, NE

Washington, DC 20463

Re: sua sponte submission of complaint Regarding Disclaimer violations

complainant:Friends of Erik Paulsen (FEC No. C00439661) 

-

P.O. Box 44369

250 Prairie Center Drive

Eden Prairie, MN 55344

Respondent: Care in Action

To Whom It MaY Concern:

The Friends of Erik paulsen Committee submits Complaint against the Care in Action

Committee for violating federal election law'

Failure to Provide Disclaimer

on or about october lT,2}lS,Representative Erik Paulsen received at his private

residence a politicar communication in thå form of campaign riterature frory3n unidentified

political committee. The public communication advocát"lfor the defeat of Representative Erik

Paulsen, incumbent for elåction to the 3rã Corrgressional District of Minnesota' See attached

Exhibit A _ october rT,2lrgcommunication] The public communication failed to contain a

;"_ds" communication disclaimer as required by 11 cFR $ 110.11.

Upon information and belief, the public communication was paid for and prepared by

care in Action. The content of the mailer matched in substance and style to content presented in

two digital political advertisements published on Facebook'com by a group called "Reunify

Families Now.,, see attached Exhibit B - screenshot of october r2thDigitar Advertisement;

Exhibit c - screenshot of Reunify Famities Now Ad Archive; Exhibit D - Ad Performance for

october 12th Digital Advertisemðnt; pxtriuit p 

- Ad perforrnance for october 7th Digital

Advertisement. Th; digital udu"rtir.ñntilløte in their header "Paid for by care in Action" and

link to www.paursenfaiLdfamilies.corn The digitar advertisements ran from october7,2018

and octobe r l2,20lgto october 23,2}lï,respãctively, and are currently listed as inactive'

Both digital advertisements failed to state contàct information for care in Action and failed to

180 East Fifth Street Suite 940 Saint Paul, MN 55101

T 651 -644-4710 F 651 -644-5904 www.TheJacobsonlawGroup.com

MUR753700069
state whether or not the political advertisement wa! authorized by any candidate, as required by

1r cFR $ 110.1l(bx3).

Content presented on www.paulsenfailedfamilies.com is similar to, and in instances

identical to, the public communications presented on the mailer and digital advertisement. See

attached Exhibit F - Screenshot of Website. The website contains the following disclaimer:

PAID FOR BY CARE IN ACTION. INDEPENDENT EXPENDITURE, NOT

APPROVED BY ANY CANDIDATE OR CANDIDATE'S COMMITTEE.

The communication received on October I7 ,2018 violates 1 1 CFR $ 1 10.1 1 because it

does not contain a disclaimer. Furthermore, the digital advertisements violates 11 CFR $

I10.11(bX3) because (l) the disclaimer fails to state theoopermanent street address, telephone

number, or World V/ide Web address of the persona who paid for the communication" and (2)

the disclaimer does not state "that the communication is not authorizedby any candidate or

candidate's committee."

Respectfully submitted,

Paulsen

Subscribed and swom to before

II

þr

me this 15Í dav of

0r1,fp*- " 

, 20tX

C

Publio

SARAH ELIZABETH PHEMISTER

I.IOTARYPUEI.JC,

2

My Commission Expires

January 3î, 2019

MUR753700070
Exhibit A

Photo of October 17,2018 Communication, Front

MUR753700071
ûirÆú.qr tÌa¡F, {¡jr, ù,r,€Þ Pn$Rl sro

us ÊoslÂ{lit

PAID

8504 0

¡it¡llJrrl'¡åtl,*rIf !r{ir¡fi }¡f rh,,¡ilrt!rt,tô},tl}ril¡}}r,¡}¡

'l¡ -"- '--"- .-, ;c,'r.r{{ij../

,ii'ii.- :,1 rl$ú i:¡v!.tir!

g1$g !1 5fÁRttu6 !l{

EÛËN PnArFtE Sç t¡t¿?-:â1 I

in the

separation of families.

I'II.AMMMAil

fhroughóut hi$tðry,

Ane¡icô has lought to

praioct lômìlies in iêo0ûrdy.

But ñow 0ur gov€rnmenl

r5 lock;ng !p thousðnais

ot dìÌidrûn i¡ military

dôìent¡0ñ (-sillsrs ðiong

oua Qwn bofdoar

[,ilru3T

As sn alecled member

of Congress. Faulsen

has the power to act

ôgainsl th,s cris¡s. 8ut hè

h¡s rcfused to introduce

or st¡pport tegiståtioo

t0 keep tam¡l¡es sa{e

ånd to!¡tther.

&{w0RTHY

Påúlser v0têd lo l$t the

Ïrump adm¡ni$tråiion

lock up children an{,

families iùdèfi niie{y, ènd

mãk€ it hêrder lor these

cbrldren to ever sqe their

lâñiLres again. Pðulsen is

n}ðk¡ng tlÌi5 crisis wor5e.

nnnr¡lrtrf,Infil

tlU.S. Dept cl Health orìd l-lr¡eân Setri.es. ?/13,i1t.

2l Vûte sî i"tR ót3ó. ô/?'l1B

Photo of October 17,2018 Communication, Back

I I

Fûtiluts Bã$Eaw EtrT[n THÀil ntp. rRtK pÄt rsril

MUR753700072
Exhibit B

w

Itt Reunify Families Now

Spons*red ' Faid fcr by Care in Åetisn 'S

Throughout history, Americans have stood up against human rights

abuses and crimes against children. By letting his party take children and

babies from their parents and lock them in prisons, Erik Paulsen has

betrayed American values.

Famities deserve better than Rep. Erik

Paulsen.

@Ç*¡¡ rr

Screenshot of October l2th Drgital Advertisen'lent

5 Comments 3 Shares 3K Views

i Learn

MUR753700073
Exhibit C

Jl a,r i,u,o'r- r !:1.1lt'r aaì l,r,:Lljii:l:

Q Reunify Families Now Y.

Filter results by d res(lls

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couotry

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US

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lnôçìilt,{ds &

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o lnactve

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a lnàôlv€

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a ,naúve

1_xr i llttS . ari ?? :+1,1

Pa¡d tor try cå.G ln Actton Psid lor by c¿fsln Aclion Pðþ ro. bt C¿ro h Acllo¡

lì*irl¡ty l'û,ri¡ig5 Now

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ahtdre¡. 8y lÊÍíû9 nÍe p¿ft lahe ahiñrta ã¡d

balìiè9 fforÌ l¡etr par9o15 ald locklheft ¡¡

tflsrñJ. Êri Pâglgên lìâê balråygd Âñericân

Iï¡orqìloùthislory, Á&eir6¡s ñôve 3io0d rp

å0ãlnat hldôr rights abúseè 3nd añmê9 ågeinal

ch,ldren B! léllinq hér mðy 16tè áildreñ 8nd

bsbiss frofr tle{ p¡¡enls ard:ôat1hêrl !n

t¡soß, ¡10r Wôgnea ¡€s þdr¡yed m¿¡ìaãn

^ 

Rnurdfv trñ{l!ûs NoÈ E

, Re9 Âm !1å0nêavon l f¡ghl lo protecl dildren

l¡om ¡el¡g ¡rpted atra!'l¡m 1¡ê{ p9tenls. !¡e

d065n'i úese.re lo speåk i{ MrÊsgûn 1¿ôdÈs.

r.rr'.i õai¿-7. c.tft Fù. nr9

¡.,- -.¡ ds¡r_* È¡iÈrl!¡ le¿

\i.. ia t;¡tiút,tionti

i,tì, åi i'iitirrnr¡¡r ¡l

Prú lor Þy core rn ktion

!¿+ ;!il i_''.'i'{*ì!r,i,:

¡t ln¿cl$e

.ldt I lJt6. ar.t ?l 2¡1å

e

Rfinily ¡âr¡ilioç $ñ

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li Rep. Éljk F*ülse¡ !ro4l fqhl 16 prols(i ü*dr€¡

fom $Èrng ripgèd aH: l¡oil lh?r ÞâIeñ15. he

Screenshot of Reunify Families Now Ad Archlve

MUR753700074
fil .r,t rinm,y

Q Reunify Families Now

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Âd Årchive API R*t)ott â pTû¡lle{t l-lelp Cc;ìter

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f¡om ¡e69 ripped âvÂy lrm lheh psfe¡19, hè

tor-,¡r *rsa *.r61 8&

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MUR753700075
Exhibit D

Ad Performance

Rçünlry F¡r$¡ltê5 l.¡èw

spÕlr8or*d . Ëåis iof Þy ç{re ¡n AcllÕn

X

t

Tnrsugnout hislory, Americal,s håve slood ilp â0ain$t hurÞan ilghl$ ahuses

and crines against ctìildren. Êy letting h¡s pafty låle childfen aûd bab¡çs

lrom the¡r pårents and lock tiem ir¡ ptisons, Er,k påuisen has b€trayed

Amencan valüÊsFamilies desçrvç betler than Rep. E.{k Paillsen. 

Laðm Morå

!l'.l!.ltr. PAULSEI.¡'i.Âi LE tFÂMr L.r a S.C S*,{

Screenshot of October 12th Ad Performance

Råufr¡ty Fåm¡lf €5 n¡olv

v¡åw mors å8s tnn tn¡s Fì¡çr

Påid lor by cars ¡n Åct¡ûn

ylhen iln âdvert¡sèt *a!eç{¡tkês lh*i å* as þsin!} teJsìerl l9

p$¡itlcs or issüss ôl näirôfiì;! inÊoßaû{s. llrsy ârs rsqursd lù

dìåclosê *h* 9*i{, ?tr lhe ad. L*ãrn mçre

{iêë cd{t¡l¡ç*al disdaimå{ ¡stot,¡ìåtiÕ,}

.lrl Âd Pertormance

I lñãctivê

Ocr 12 2&18 - Õct ?3,2U1å

a

&

10K - 50K

lmpressions

$5rû - $9s9

Money epent {t}SD}

Audie¡ce Brsakd*wn

Age end Gendor

lrtên weß1çn ¿JtknÕ!ì¡¡

:¡l!

1*l¿

?lù? a

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35-{¿ 45.54 55"64 ç5'

MUR753700076
Ad Pêrformarçç

Reurity Fårni¡¡es N*r¡v

Stlonsðred . pã¡d Tn¡ by fjsrs in åcliùn

X

loc6tlr:n

&

Throughsul h¡sïory, Amëricåns hâve sle$d up againsl fturnan rigfìls abu$ëç

and crines ãEa¡nsl children. gy lÊlìinç h¡s parly låk€ chlldren and baþies

tfom lheir parents and lût¡( lhe$ in pfisons, Efik paulsen þ43 betråyed

A$erican valúe5.

Famrlies dêserve bslter than Rep. Erlk Paulsen. 

Leår!, M0,å

w!v!tj. pArJL*Ë$rÅ¡1fi âF"ckliLlf $.çilM

Screenshot of October 12th Ad Ferformance, cont.

tttiîn*srla

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MUR753700077
Ad Performanee X

û

Reuñily Families !,1Õw

$Sorsçrêd . p*id l$r by C¡Èrç rr1 Acti{trl

Ihrcughout n¡slory,,{*ìedca*s lrãve slçûd np ãgå¡n$t human nåhls aþuse$

ând cfimes agai*sl ch¡ldfen. 8y ¡eittng his pãrly lake ch,¡d¡en ånd babies

lrom the¡r parenß a*d i*aK them in prisÐns, Ër¡,( Êâulsen l!ãs þëlräyed

Ameriaan vålues.

Fam¡lrês deserye bêttër lhan Rep Erik Påuisen

Learrì Mo¡e

lvvtw PÂ.lì{..srNFAìLã$FÅ..rüil,1[S.CûM

aleìr Y¿{!

¡¡êli Clrûlir¿

¡ìÕrdx ll¡kelð

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ûr*êûÍ

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ådverüie¡i proliìde ìh,s ii:fûÍ¡ñatior yõL¡¡Ì*¡rr!.

å Ði3ctaimcr

Cars rn ÂÈlloâ

!r'j

tFtì

t-Ì

¿,i ('r

è:i ril

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MUR753700078
Exhibit E

Ad Performanes

Rêun¡ty F¡mil¡ô3 l¡ê{v

spôrssråd . pãíd tûr by c¡re ¡n Åcìið*

X

0

lf Rep. €rik Paulse* wç*'l fighl lo pr0teçt chiìdren from being rlpped arcãy

lrorn lhe¡r pãrents, ne dcern'l deseffe'ls speå¡( for Minnesota tâm¡llÊs.

Familíes eleseryer Þetler than Rep- Ërilt Paulsen 

Leâßì ldds

wwì{t PAULSENFpJL€0f Àt¡illr€.s.{:o¡d

Screenshot of October 7th Ad Performance

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I ¡nâctíve

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MUR753700079
Ad Psrlormanc¿ X

e

Rå$nÍfy Fåm¡lirs l4lê!r,

SpÕnsÕr€$ . Psid t$r þy çar€ tll ,tc¡i*rl

lf Rep. Ërit( Fåulsen \iiçn1 Rghl to prcleti children frûrn ¡]e¡ng dpped âway

trÕm their pãrents, he doesn't dËsewe to speak lor MinnesÕta tarnil¡ês.

Families deserver better than Rç. Erilt Paulsen

Leam Mars

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MUR753700080
Ad P¡rform*nce X

Êêr¡niry Fåñ¡liår Noty

SpÕnsof*d . Fai{, tût þy Côt* itr Ârl¡ûn

!f Rep^ frik pâulsen w$n't fignt ie prote{t r.hi¡dren kÕÍ$ þç,nS rìpf}ed åway

from lheir parenls" he doÈsn't desene tr speåk lsr MinnesÕla famtt¡es.

Femilies deseruer tlsttâr lhân Rep, frrk Paulsen 

Laarn MÓrô

1|4¡*LPÀL'LSÊNFlil lFÐFAtt4' t-t F S^C*M

Screenshot of October 7th Ad Performance, cont.

Additional Disclaimer lnformation

Åd{e*isåts Êr*vJde lhls t*tÞínst¡l}$ v{r¿rfi larriy.

Å Ðiccla¡r$er

Csre fi A¿l¡Õfr

e

¡¡õw Yqrt(

tlçri* {;¡rdlirra

¡lsflll *åh¡l;

Õhiô

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ähodr t6Jtrd

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sðûlh C¡r3lì{ra

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114

MUR753700081
{- + G ¡ hnprJlsw,p.ulie¡tarledt¡miliei,.om

Exhibit F

* trig i

CHILI}RTN ARE BTI}IG TAKT] TRÍ}M

ÏHTIR TAMITITS ANI} R[P. TRII(

PAIILSTN IS MÅKING IT WB,R$[.

TAMILIIS I}TSTRVT BTTTTR THÅH

R[P. TRIK PAUL$[H.

påur.$tl¡ fÀtt[t tAM["r[s

Screenshot of Website

MUR753700082
+ -þ C ¡ hltÞ*ll\¡lw-p¿olsenf¡itÊdfônr¡ties-com *trgi

TH0ü$Âil0$ ür

råiltltt$ $$ÅnåTm

The Trump adnlinistration has

seÞârated thousåncls of children

from their pårents ând locked them

up ¡n military detention facìlities.

Antl there are still no plans for lrow

all these children will l¡e rer"¡nited

with their parents.

YtT pÄrjt$ril ilA$ il0ilt

lfilIHtilû

As an elected me¡¡¡ber of Congress,

Paulsen has the power to act

against this crísis. But he refuses

to introduce clr support legis¡at¡on

to keep families sâfe and togetherålt0 tlttlt ì,f}TtD T0

l{å|fi lln$ï0}¡ tÂ$tm

Paulsen voted t¿r let the

aclnlinistration lock up children and

larnilies indefinitely, and make it

harder for these children to ever

see their fanlilies agaì*. lnstead of

working to end this crisis, Pairlsen

is making it wçrse.

Screenshot of Website, cont.

MUR753700083
Ç :, (j ¡ lr¡lrj:/*r,\!,p3!l!er1f¡reófrn1ìl:sr.cû¡1

*t|{*y,Tt/'Y"reffis

1' U.S. Dr:ir:, of H¿¡iih .{tì{.1 ¡-lunlr¡r Se ¡viccs- 7 J13l19

?r V*i¿ ¡:il llR 61-it. û127/18

Drstüruta

p{û f0[ ßT [r¡¡ t¡ âeil0x, il¡]t¡tirrxl

ãtflr0rrürt. t0Iâ9!n8yt0 8r txt [!lt0t0n¡t 0¡

8ilt0t0ñt'8 c0lts¡Ítt

Screenshot of Website, cont.

MUR753700084
Office of General Counsel

Federal Election Commission

1050 First Street, NE

Washington, DC 20463

oEHååll*ðoîl**,

iil!$ I,l*t' -ó pf,f 

f !¡ ,|)

November 5,2018 MUR # 16

Re: Missouri Political Mailers Lackine Disclaimers

To'Whom It May Concern:

Complainant requests that the Office of General Counsel of the Federal Election Commission

investigate political mailers that do not have a disclaimer that is required by law (52 U.S.C.

30120).

Facts

During the month of October, numerous mass mailings have been sent out in Missouri

that are critical of Republican candidates Congresswoman Ann Wagner and Attorney General

Josh Hawley. The U.S. Senate mass mailings in question promote third-party candidates while

criticizing Attorney General Josh Hawley. The mass mailings in question do not have any

disclaimer that alerts recipients of who paid for the communications. Several of these mass

mailers have been traced back to James Mulligan Printing Co. based on the postal codes.

These illegal mass mailings are having a direct impact on two elections under the

jurisdiction of the Federal Election Commission. Complainant accordingly requests that the

Federal Elections Commission immediately investigate these violations and take whatever action

it deems appropriate to investigate and bring the perpetrators to justice.

Sincerely,

Raymond Bozarth

Executive Director, Missouri Republican Party

573-999-6636

MUR753700085
NOTARY FORM

srArEoF l{0 I

couNrY o, bl(,1

Notary Public, State of Mìssa¡ri

Name, Typed or Printed

My Commission Expires:

h.& I,

J Qûr Aoåå

t, lÃpnt¡ J l,4AfSha (l 

. a Notary Pubtic, do hereby certiry that on this dfay of

red befoie meRtyw"l Bozorahknown to me to be the

person whose name is subscribed to the foregoing instrument,and swore and acknowledged to me that

he executed the same for the purpose and in the capacity therein expressed, and that the statements

contained therein are true and correct.

MERHY J MARSHALL

Noary Public' NotarY Seal

State of Missouri

CountY of Cole

lly Commlesion Érpires: July 26' â022

- Commission f 18510357

r

MUR753700086
EXHIBIT A

JaPfietl:

Borreves ¡rr. l . ., ,'lii,^n

oovofnmêlìt5 t .

"yourself and Yo'-

' i;fni:ili#i ;,;, ;lJJ'ååi.'å'

'ff#if åï,xí:1,::iiffi;;

rcqví.ed ro a gun,u purdtase

2nìtt8

Pô$ gt2r18 3'

siã¡t,

.22¡!18 t fwìøt,Arrâlalh ,ßtÌtl 5.

Josh Howley hos be€n tloveli'g orÕund tlìs country to swonky

It""o iiu" á ,uro,, in Polm spr¡ngs qnd o toncy hotel ¡n New York

å'i.ï. à""" u.* "rì 

o lobbyisrs privotc pìone to on out-of-stote

i"ìär"o.'.ã", ut.t is noÌ oll - h¡s compoign spent lhousqndsof

àîiü^ ." t"".-' pr¡vole chqrt€r f lights this fqll ! all the wh¡le he

hos been spotted doing lengthy workouts ot the gym ond þuylng

ooãrr juting p".t* otliæ hours ¡ No wonder he refused to suppott

liã," i. "tJ"i 

otwn on lobbyists' influence in Jofferson city'a ,lpril ?5, folr

I

ll,:ll::jï::l,l,ln¡riscd his reilowrym ¡ars Ï;Ï'lij]T l1 "'.1"'rsrhv "orkuu* 

jurius Pr4^o¡r(x,n0urs.ì! 

@ 

"

', 4 | I I r' :& rìúr ¡/31,ä1 t. 2. hffi . t{lt¿0/¡!t6. n

t

,

,

C;all Josrr HaørleY at I5

attd tell hitn

7s, 75r -332r

to stop re,,tri.,titrg our gtufr riqe,irì.ir';

MUR753700087
EXHIBIT B

attt kt¡

MUR753700088
EXHIBIT C

,¡,ir,'llltil',ù,,11¡ltlt,lithl,,ll,rl¡lt,rì|r'!,t l¡

r;r.;l

l".t

ctt

in the

separrtion of frmilies.

iii'{",¡il.'1;, iìÊ{,å11

Ár¡.r'.r 1,!i i¿de.! it

p.olÊ.1 !iÍ i,.1 :{r.,rçrrjt

fl..l ¡.* :,,r trr.vín.11

,: lo¡nrit rp ¡¡cLt r¡d',

rl rr{kn ¿ ! r: û,rl lJr:

dcr.r¡¡16.:r!*.4 irant

l¡tl iåt:; j'

,:. r¡.1¡¡ì.j ¡nrr'b',

r_ tllnfr!11. Wrqói:r

Er< ,hn p.r¡rr ¡ó tr.1

:ì93 tì31 rh,i t',r, 4L,l

:?rÒtC, | û::r:,i.rì xri t¡:.Jl

*:rl,i !¿Ít lô4:i(:i

{¡i{'#::¡: í:1'f

lhry i¡ tû:. I Ìr .ìl lr¡

t!ì.:1, rjrr¡¡,.,r' !t!òf

lrrk !,t.f .i.É- ;t:d

ir_n,i¡.. 'nl¡! _ l !ar r¡c

.nj!. I 1¡-1..:. iì:r:.j

:' lji,r: r.r ¿ ;',, i:-'t ll{ i

ta¡1i*:trcrf 1\âg¡trìt

.1r!:ft'h'. r¡ ,; çr.tl:

¡¡Tffffiõ

ì:r ì .:i rÌ,,1.) .,'j:1-,1Í1.;'if'.lt jj:1,

:; ,:,r. r. .in 5Ì:. 1.;r:'4

REP.

tff--r ANN t' WAGilER

BEING COMPTICIT ,rr!

in this crisis.

r*Ì*uEs ll[s[Rllf E[rËx TllÂll RtP. *ll n IrÂG]lEl

t) ã-;itF¡

for

¿,v

MUR753700089
EXHIBIT I)

! 'r,u*r*r,*o¡,¡f..*o

I lIJllill"*ü"11,1-** m¡kouas durlng W,

hlr fot¡ow ßm áf3

.\pril5,9Ot8

PnsEf slo

US POSTÁCE

PAIO

sAluT Louls M0

I

G THE I{IGH LIFE ON TNXPRYE

oNo T€LL HIM lo slop sfßNBll{G Up FOn LOBBVISÌS nNO srnnr supPonllNG €fHlcs n€FonHLIVIN R TIME

J0SH I{HWLEV:

W*¡d

MUR753700090
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 1 of 15

 Attachment 1

Page 1 of 15 

1 FEDERAL ELECTION COMMISSION

2 FACTUAL AND LEGAL ANALYSIS

3 RESPONDENTS: Unknown Respondents MUR: 7537 

4 

5 I. INTRODUCTION

6 Two separate complaints filed with the Commission involve virtually identical 

advertisements criticizing two different congressional candidates.1 7 The Complaint in MUR 7532 

alleges that unknown respondents, possibly an organization named Care in Action,2 8 sent a 

mailing on or before October 17, 2018, advocating the defeat of former Rep. Erik Paulsen.3 9 The 

mailer did not include a disclaimer or any information identifying who authorized or paid for it.4 10 

11 The Complaint also alleges that internet video (“digital”) ads and a website criticizing Paulsen, 

which are very similar to the mailer, did not contain proper disclaimers.5 12 

13 In MUR 7537, the Complaint alleges that numerous mailings distributed in October 2018 

14 that criticized Republican candidate Ann Wagner—mailers very similar to those at issue in MUR 

7532—lacked disclaimers.6 15 

16 The Paulsen and Wagner communications should have contained proper disclaimers and 

17 been reported to the Commission because they are public communications containing express 

 

1

 The Commission merged MUR 7532 into MUR 7537.

2

 A search of the FEC disclosure database indicates that Care in Action has never filed an independent 

expenditure report. 

3 MUR 7532 Compl. at 1-2 (Nov. 1, 2018). Paulsen was the incumbent congressman and Republican 

candidate for Minnesota’s third congressional district seat in the U.S. House in 2018. Paulsen lost in the November 

6, 2018 general election. Paulsen is also the Complainant in MUR 7532. 

4

 Id., Ex. A. 

5

 Id. at 1-2; Ex. B-E.

6

 MUR 7537 Compl. at 1 (Nov. 6, 2018). Wagner was re-elected in the November 6, 2018 general election 

to represent Missouri’s second congressional district seat in the U.S. House with 51.1% of the vote. 

MUR753700091
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 2 of 15

 Attachment 1

Page 2 of 15 

1 advocacy. Therefore, the Commission finds reason to believe that Unknown Respondents in 

2 MURs 7532 and 7537 violated 52 U.S.C. §§ 30120(a) and 30104(b) or (c), and (g). 

3 II. FACTUAL BACKGROUND

4 A. Mailers Opposing Paulsen (MUR 7532) and Wagner (MUR 7537) 

5 The mailers attached to the Complaints show that unknown respondents disseminated 

6 nearly identical mailers targeting federal candidates Paulsen and Wagner. The front of each 

mailer shows a photo of children lying on mats in a large room.7 7 

8 

 9 

10 As shown below, the backs of the Paulsen and Wagner mailers read “REP. 

11 [CANDIDATE] is COMPLICIT in the separation of families,” and list three categories: “UNAMERICAN,” “UNJUST,” AND “UNWORTHY.”8 12 The text of the mailers is virtually the 

 

7

 MUR 7532 Compl., Ex. A; MUR 7537 Compl., Ex. C.

8

 Id. 

MUR753700092
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 3 of 15

 Attachment 1

Page 3 of 15 

same.9

 Neither mailer contains a disclaimer.10 1 Both mailers were sent via bulk mail with no 

return address.11 2 

3 

4 The MUR 7532 Complaint also states that “[u]pon information and belief, the public 

5 communication was paid for and prepared by Care in Action,” alleging “[t]he content of the mailer 

6 matched in substance and style to content presented in two digital political advertisements 

published on Facebook.com by a group called ‘Reunify Families Now.’”12 7 

8 

 

9

 Id. The mailers read: “UN-AMERICAN: Throughout history, America has fought to protect families in 

jeopardy. But now our government is locking up thousands of children in military detention centers along our own 

border;” “UNJUST: As an elected member of Congress, [Paulsen/Wagner] has the power to act against this crisis. 

But he/she has refused to introduce or support legislation to keep families safe and together;” and “UNWORTHY: 

[Paulsen/Wagner] voted to let the Trump administration lock up children and families indefinitely, and make it 

harder for those children to ever see their families again. [Paulsen/Wagner] is making this crisis worse.” 

10 Id. 

11 Id. The Paulsen mailer’s postmark, set apart in a box, reads: “PRSRT STANDARD U.S. POSTAGE 

PAID 85040 PERMIT NO. 2691.” The address label bears the imprint “SCH 5-DIGIT 55344 FSSC” (indicating 

“5-Digit Scheme,” “Carrier Route — Periodicals and Marketing Mail basic FSS (Flats Sequencing System)), see

https://about.usps.com/postal-bulletin/2016/pb22457/html/updt1_003.htm, and features an Intelligent Mail barcode 

above the address, indicating the mail was prepared for automation prices, see

https://postalpro.usps.com/mailing/intelligent-mail-barcode. The Wagner mailer’s postmark, set apart in a box, 

reads: “PRSRT STD U.S. POSTAGE PAID St. Louis, MO, PERMIT NO. 256.” The address label bears the 

imprint “ECRLOT **C 017” (indicating “Enhanced Carrier Route — Marketing Mail basic), and features an 

Intelligent Mail barcode above the address, indicating the mail was prepared for automation prices.

12 MUR 7532 Compl. at 1, ¶ 3. 

MUR753700093
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 4 of 15

 Attachment 1

Page 4 of 15 

1 B. Internet Video Ads Opposing Paulsen and Wagner (MUR 7532) 

2 The Reunify Families Now ads are identical, except for references to either Paulsen or 

3 Wagner. Specifically, the dates of publication, format, language, text, and images used in both 

4 the Paulsen and Wagner internet video ads (except for references to the candidate) are the same. 

5 

6 

7 The MUR 7532 Complaint attaches screenshots of Facebook ads, Ad Archives, and 

8 charts of Ad Performance statistics related to Reunify Families Now, and alleges that the internet 

9 video ads failed to include contact information for Care in Action, and does not state whether the 

MUR753700094
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 5 of 15

 Attachment 1

Page 5 of 15 

communications are authorized by any candidate or candidate’s committee.13 1 The image at the

2 top of the October 7 ad reads “Reunify Families Now; Sponsored ∙ Paid for by Care in Action,” 

3 and the bottom of the ad links to www.paulsenfailedfamilies.com and 

www.wagnerfailedfamilies.com.

14 4 The October 7 ad is transcribed here: 

5 (image): headshot of Paulsen/Wagner 

6 (voiceover) “If [Paulsen/Wagner] won’t speak up when children are in pain...” 

7 (text): Rep. [Erik Paulsen/Ann Wagner] 

8 (text in red): SILENT when children are in pain 

9 

10 (image): Young family of four — man, woman, girl, infant — walking in the park 

11 (voiceover) “What makes you think [he’d/she’d] speak up for yours?” 

12 (text): What makes you think [he’d/she’d] speak up for yours? 

13 

14 (image): crying toddler behind glass 

15 (voiceover) “Our children are in pain, taken from their parents by our own government.” 

16 (text): Children taken from their parents

17 

18 (image): image of crying child; frame rips open to reveal headshot of Paulsen/Wagner 

19 (voiceover) “And [Erik Paulsen/Ann Wagner] is complicit.” 

20 (text): [Erik Paulsen/Ann Wagner] is complicit

21 

22 (image): video of children behind fence 

23 (voiceover) “[He/She] even voted to lock families up indefinitely...” 

24 (text): [Erik Paulsen/Ann Wagner] voted to detain families indefinitely

25 

26 (image): alternate video of different children behind fence 

27 (voiceover) “...and make it harder for children to be reunited with their families.” 

28 (text): [Erik Paulsen/Ann Wagner] keeping families apart

29 

30 (image): headshot of Paulsen/ Wagner 

31 (voiceover) “Families deserve better than [Congressman Erik Paulsen/Congresswoman 

32 Ann Wagner].” 

33 (text): Families deserve better than [Paulsen/Wagner] 

34 (text): Paid for by Care in Action. 

35 

 

13 Id., Ex. B-E, Id. at 1-2. See supra at 4. See also: 

https://www.facebook.com/ads/library/?active_status=all&ad_type=political_and_issue_ads&country=US&q=%22

Reunify%20Families%20Now%22. 

14 Id. The URL http://www.paulsenfailedfamilies.com/ and http://www.wagnerfailedfamilies.com/ do not 

link to currently active websites, and are not accessible via the Archive.org Wayback Machine search feature.

MUR753700095
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 6 of 15

 Attachment 1

Page 6 of 15 

1 There are also October 12, 2018, internet videos allegedly posted by the “Reunify 

Families Now” Facebook account each bearing photos of Paulsen or Wagner.15 2 The October 12 

3 ad is transcribed here:

4 (image): Split screen — video of children behind fence (L)/headshot of the candidate (R)

5 (voiceover) “[Erik Paulsen’s/Ann Wagner’s] Republican Party took small children away 

6 from their parents.” 

7 (text): [Erik Paulsen’s/Ann Wagner’s] Republican Party took children from parents

8 (voiceover) “They locked children in prisons.”

9 (text): [Erik Paulsen’s/Ann Wagner’s] Republican Party locked children in prisons

10 

11 (image): headshot of Paulsen/Wagner

12 (voiceover) “And what did [Erik Paulsen/Ann Wagner] do?”

13 (text): What did [Erik Paulsen/Ann Wagner] do?

14 

15 (image): video of jail door closing superimposed over American flag

16 (voiceover) “[He/She] voted to let the government lock up children and their families 

17 indefinitely.”

18 (text): [Erik Paulsen/Ann Wagner] voted to lock up families indefinitely

19 

20 (image): videos of American military scenes (D-Day, Vietnam) superimposed over 

21 American flag

22 (voiceover) “Throughout history, Americans have taken a brave stand against human 

23 rights abuses and crimes against children.”

24 (text): Americans stand against human rights abuses

25 

26 (image): headshot of Paulsen/Wagner

27 (voiceover) “By letting his/her party lock up children, [Erik Paulsen/Ann Wagner] has 

28 betrayed our American values.”

29 (text): [Erik Paulsen/Ann Wagner] betrayed American values

30 (voiceover) “Families deserve better than [Erik Paulsen/Ann Wagner].”

31 (text): [Erik Paulsen/Ann Wagner] betrayed American families

32 (text): Paid for by Care in Action. 

33 

 

15 Id., Ex. B-D. The October 12 ad screenshot that is attached to the Complaint reads “What did Erik Paulsen 

do?” Id., Ex. B. See also: 

https://www.facebook.com/ads/library/?active_status=all&ad_type=political_and_issue_ads&country=US&q=%22

Reunify%20Families%20Now%22. 

MUR753700096
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 7 of 15

 Attachment 1

Page 7 of 15 

1 Finally, the MUR 7532 Complaint attaches a screenshot of the website 

www.paulsenfailedfamilies.com (now unavailable), that displays a photo of Paulsen.16 2 

3 

4 The website also lists three columns criticizing Paulsen, similar to those on the back of 

mailer.17 5 In addition to using the same language as the mailer attached to the Complaint, the 

6 website states: “Disclaimer: Paid for by Care in Action. Independent expenditure, not approved 

by any candidate or candidate’s committee.”18 7 

 

16 Id., Ex. F. Because the MUR 7532 Complaint only addresses materials opposing Erik Paulsen, it does not 

include screenshots of the website www.wagnerfailedfamilies.com. 

17 Id. 

18 Id.

MUR753700097
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 8 of 15

 Attachment 1

Page 8 of 15 

1 

2 

3 

4 

MUR753700098
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 9 of 15

 Attachment 1

Page 9 of 15 

1 III. LEGAL ANALYSIS

2 A. Disclaimers

3 The Federal Election Campaign Act of 1971, as amended (the “Act”), requires that 

4 whenever a political committee makes a disbursement for the purpose of financing any 

5 communication through any mailing, or any other type of general public political advertising, such 

communication must clearly state who paid for the communication.

19 6 A communication 

7 authorized and paid for by a candidate, an authorized committee of a candidate, or an agent of 

8 either, must clearly state that the communication was paid for by the authorized political 

committee.20 9 A communication authorized by a candidate, an authorized committee of a 

10 candidate, or an agent of either but paid for by another person, must clearly state that the 

communication was paid for by such person but authorized by the political committee.21 11 

12 The Act also requires that all public communications that expressly advocate the election or 

defeat of a clearly identified candidate include a disclaimer.22 13 “Public communications” include 

14 “mass mailings,” which are mailings of more than 500 pieces of mail of an identical or 

substantially similar nature within any 30-day period.23 15 “Public communications” also include 

communications over the Internet that have been placed for a fee on another person’s Web site.”24 16 

17 Where required, disclaimers must be “presented in a clear and conspicuous manner, to give 

18 the reader, observer, or listener adequate notice of the identity of the person or political committee 

 

19 52 U.S.C. § 30120(a). 

20 52 U.S.C. § 30120(a)(1).

21 52 U.S.C. § 30120(a)(2); see also 11 C.F.R. § 110.11(b)(2).

22 52 U.S.C. § 30120(a); see 11 C.F.R. § 110.11(a)(2).

23 52 U.S.C. § 30101(22), (23); 11 C.F.R. §§ 100.26, 100.27.

24 11 C.F.R. § 100.26.

MUR753700099
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 10 of 15

 Attachment 1

Page 10 of 15 

that paid for, and where required, that authorized the communication.”25 1 If a communication is not 

2 authorized by a candidate’s authorized committee, it must clearly state the name and permanent 

3 address, telephone number or website address of the person who paid for the communication and 

state that the communication is not authorized by any candidate or candidate’s committee.26 4 

5 The Complaints allege that the Paulsen and Wagner mailers violated the Act’s disclaimer 

requirements.

27 6 The Paulsen and Wagner mailers appear to constitute public communications 

7 because they appear professionally produced and carry a U.S. Postal Service (“USPS”) bulk mail 

permit and, therefore, likely exceeded 500 pieces for each mailing.

28 8 The mailers, however, do not 

include any disclaimers.29 9 

10 Additionally, the MUR 7532 Complaint alleges that the internet videos related to Paulsen 

violated 11 C.F.R. § 110.11(b)(3).30 11 The Paulsen videos, and the nearly identical Wagner videos, 

12 also appear to constitute public communications because they each advocate the defeat of a 

13 clearly identified candidate, and the available information indicates they were internet 

 

25 11 C.F.R. § 110.11(c). For printed communications, disclaimers must be clear and conspicuous, be of 

sufficient type size to be clearly readable, be contained in a printed box set apart from the other contents of the 

communication, and must clearly state who paid for the communication. Id. § 110.11(c)(2).

26 Id. § 110.11(b)(3).

27 MUR 7532 Compl. at 1-2; MUR 7537 Compl. at 1

28 Neither Complaint specifies the number of mailings, but the MUR 7532 Complaint does categorize the 

Paulsen mailer as a “public communication.” MUR 7532 Compl. at 1. It is clear that at least 200 copies of the 

mailers were distributed because the bulk mail permit imprints indicate that the mailers were sent by Standard Mail, 

and USPS requires a minimum of 200 pieces or 50 pounds of mail to qualify for the Standard Mail bulk mail 

discount. MUR 7532 Compl., Ex. A, MUR 7537 Compl., Ex. C. See

https://pe.usps.com/businessmail101?ViewName=StandardMail. (Last visited September 4, 2019). 

29 MUR 7532 Compl., Ex. A; MUR 7537 Compl., Ex. C. 

30 MUR 7532 Compl. at 1-2. The internet video ads are designated as “Sponsored,” see id., Ex. B-E, 

indicating that they were placed for a fee on another person’s Web site. See 11 C.F.R. § 100.26. Additionally, the 

“Money spent” statistic in the Facebook Ad Performance analytics for each ad indicates that each ad cost between 

$500-999. Id., Ex. D-E. 

MUR753700100
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 11 of 15

 Attachment 1

Page 11 of 15 

1 communications that were placed for a fee on another person’s Web site. Although the videos 

2 contained the disclaimer “Paid for by Care in Action,” they failed to state the name and 

3 permanent address, telephone number, or website address of the person who paid for the 

4 communication, and failed to state whether or not the political advertisement was authorized by 

5 any candidate or candidate’s committee. 

6 The Paulsen and Wagner Communications Required Disclaimers Because They 

7 Contain Express Advocacy 

8 

9 Commission regulations provide that a communication expressly advocates the election or 

10 defeat of a clearly identified candidate when it uses certain phrases or uses campaign slogans or 

11 individual words, “which in context can have no other reasonable meaning than to urge the 

election or defeat of one or more clearly identified candidate(s).”31 12 Commission regulations also 

13 state, a communication constitutes express advocacy if “[w]hen taken as a whole and with limited 

14 reference to external events, such as the proximity to the election, [the communication] could only 

15 be interpreted by a reasonable person as containing advocacy of the election or defeat of one or 

16 more clearly identified candidate(s) because — (1) [t]he electoral portion of the communication is 

17 unmistakable, unambiguous, and suggestive of only one meaning; and (2) [r]easonable minds 

18 could not differ as to whether it encourages actions to elect or defeat one or more clearly identified 

candidate(s) or encourages some other kind of action.”32 19 

 

31 11 C.F.R. § 100.22(a). The Commission explained that the phrases enumerated in 11 C.F.R. § 100.22(a), 

such as “Smith for Congress” and “Bill McKay in ‘94,” have no other reasonable meaning than to urge the election 

or defeat of a clearly identified candidate. See Express Advocacy; Independent Expenditures; Corporate and Labor 

Organization Expenditures, 60 Fed. Reg. 35,292, 35,294 (July 6, 1995) (“Express Advocacy E&J”); see also FEC v. 

Massachusetts Citizens for Life, Inc., 479 U.S. 238, 249 (1986) (a communication is express advocacy when “it 

provides, in effect, an explicit directive” to vote for the named candidates).

32 11 C.F.R. § 100.22(b). 

MUR753700101
MUR 7537 (Unknown Respondents)

Factual and Legal Analysis 

Page 12 of 15

 Attachment 1

Page 12 of 15 

1 In its explanation and justification for section 11 C.F.R. §100.22(b), the Commission 

2 stated, “communications discussing or commenting on a candidate’s character, qualifications or 

3 accomplishments are considered express advocacy under new section 100.22(b) if, in context, 

4 they can have no other reasonable meaning than to encourage actions to elect or defeat the 

candidate in question.”33 5 In MUR 5024R, the Commission concluded that, in context, the 

6 brochures constituted express advocacy under 11 C.F.R. § 100.22(b), because the electoral 

7 portions of the brochure, including the phrase “Tell Tom Kean Jr....New Jersey Needs New 

8 Jersey Leaders,” were “unmistakable, unambiguous and suggestive of only one meaning” — to 

vote against Tom Kean.34 9 In MURs 5511/5525, the Commission concluded that attacks on John 

10 Kerry’s character, fitness for public office, and capacity to lead, including phrases such as “JOHN 

11 KERRY CANNOT BE TRUSTED” and “unfit for command” were “unmistakable, unambiguous 

12 and suggestive of only one meaning” — and had no reasonable meaning other than to encourage 

actions to defeat him in the upcoming election.35 13 Similarly, in MUR 5831, the Commission 

14 concluded that, in context, the ad attacking Bob Casey’s qualifications and stating “Can we really 

15 risk Bob Casey learning on the job?” constituted express advocacy under 11 C.F.R. § 100.22(b), 

16 because the electoral portions were “unmistakable, unambiguous and suggestive of only one 

meaning” — to vote against Bob Casey.36 17 The Commission concluded that outside the context of 

the upcoming election, these advertisements were virtually meaningless.37 18 

 

33 EA E&J, 60 Fed. Reg. at 35,295. 

34 MUR 5024R (Council for Responsible Government) Factual and Legal Analysis at 14-15. 

35 MUR 5511/5525 (Swift Boat Veterans) Conciliation Agreement at IV.25-28. 

36 MUR 5831 (Softer Voices) Factual and Legal Analysis at 6-8. 

37 Id.

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1 The available information indicates that the Paulsen and Wagner mailers, and the similar 

2 internet video ads, contained express advocacy under 11 C.F.R. § 100.22(b). The mailers clearly 

3 identify federal candidates Paulsen and Wagner, and contain attacks on their character and fitness 

4 very similar to those the Commission has found to be express advocacy under § 100.22(b). 

5 Specifically, the ads call both Paulsen and Wagner “unjust,” “unworthy,” and “un-American” and 

6 state that Paulsen and Wagner “ha[ve] betrayed American values,” they do not “deserve to speak 

for...families” and “Families deserve better than” Paulsen and Wagner.

38 7 Additionally, the 

8 mailers were sent in late October 2018, close to the November 6, 2018, general election, and the 

9 videos were made available online less than a month before the general election. The content of 

the statements, along with their timing,39 10 have an unmistakable, unambiguous meaning: vote 

11 against Paulsen and Wagner in the upcoming election. Because the Paulsen and Wagner 

12 communications advocate the defeat of federal candidates, those communications constitute 

13 express advocacy, and should have contained disclaimers. Accordingly, the Commission finds 

14 reason to believe that Unknown Respondents violated 52 U.S.C. § 30120(a) with regard to the 

15 Paulsen and Wagner communications. 

16 B. Reporting

17 Political committees, whether authorized by any candidate or not, must disclose 

disbursements as part of their regular reporting to the Commission.40 18 Political committees that 

 

38 See supra at 2-4. 

39 Commission regulations specify that the “proximity to the election” is a permissible external event to 

consider when determining whether a communication has a reasonable, non-electoral meaning. See 11 C.F.R. 

§ 100.22(b); FEC v. Furgatch, 807 F.2d 857 (9th Cir. 1987) (“Timing the appearance of the advertisement less than 

a week before the election left no doubt of the action proposed.”).

40 52 U.S.C. § 30104(b)(4)(G), (H)(v). An organization that is not controlled by a candidate that (1) exceeds 

the $1,000 aggregate expenditure threshold and (2) it has as its “major purpose” the nomination or election of 

federal candidates would also have to register and file disclosure reports with the Commission.

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1 make independent expenditures, whether authorized by any candidate or not, must also disclose 

these expenditures to the Commission as part of their regular reporting.41 2 Any person other than a 

3 political committee that makes expenditures that expressly advocate the election or defeat of a 

4 federal candidate that exceed $250 must file an independent expenditure report with the 

Commission pursuant to 52 U.S.C. § 30104(c).42 5 Additionally, political committees and other 

6 persons that make independent expenditures aggregating $1,000 or more made after the 20th day, 

7 but more than 24 hours before, the date of an election, must report the expenditures by filing a 24-

hour notice.

43 8 

9 The available information indicates that the Paulsen and Wagner mailers and their 

10 associated internet video ads constituted express advocacy, and expenditures for the mailers and 

11 ads exceeded $250. Therefore, whether these communications were made by a political 

12 committee or through independent expenditures, they should have been disclosed to the 

13 Commission. Accordingly, the Commission finds reason to believe that Unknown Respondents 

14 violated 52 U.S.C. § 30104(b) or (c) by failing to report expenditures made in connection with the 

15 Paulsen and Wagner mailers and internet video ads. Also, because the mailers appear to have 

been distributed in October 2018,44 16 potentially 20 days before the election on November 6, 2018, 

17 and appeared to cost over $1,000, 24-hour notices would likely have been required. Accordingly, 

 

41 52 U.S.C. § 30104(b)(4)(G), (H)(iii).

42 The Act defines “independent expenditure” as “an expenditure by a person expressly advocating the 

election or defeat of a clearly identified candidate; and that is not made in concert or cooperation with or at the 

request or suggestion of such a candidate, the candidate’s authorized political committee, or their agents, or a 

political party committee or its agents.” 52 U.S.C. § 30101(17). 

43 See 52 U.S.C. § 30104(g)(1)(A). Political committees and other persons must file 24-hour notices by 

11:59 p.m. on the day following the date on which the independent expenditure communication is publicly 

distributed. See 11 C.F.R. §§ 104.4(c), 109.10(d).

44 See MUR 7532 Compl. at 1-2; MUR 7537 Compl. at 1. 

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1 the Commission finds reason to believe that Unknown Respondents violated 52 U.S.C. 

2 § 30104(g) with respect to the Paulsen and Wagner communications. 

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